alt Hacker NewsIn Chatrie v. United States (June 2026) the SCOTUS ruled that individuals maintain a reasonable expectation of privacy in their digital location history and that geofence warrants constitute a search under the 4th Amendment. It's only a matter of time until a similar case involving Flock comes before them and they rule that a search of the Flock database constitutes a search under the 4th Amendment and that every single search requires a specific warrant.
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It's hope that Chatrie v. US automatically implies Flock searches require a warrant, but this is definitely not guaranteed - SCOTUS could easily go either way on this. For example, in his concurrence with the decision, Gorsuch relied on property rights, namely that Chatrie's agreement with Google regarding location history made this a warrant-required search. Obviously that doesn't apply in Flock's case.
SCOTUS has held for a long time that people don't have an expectation of privacy when visible in public. Digital recording and powerful search features certainly change the calculus on that, but there is a fundamental difference between a location tracked by a cellphone you purchased and own vs. just driving around where anyone can read your license plate.
I think there have been a positive number of cases gone in favor of digital privacy recently. This being one of them. It’s unfortunate, but it’ll just take time for these manners to go through the courts.
I’m quite naive regarding the details of the legal system, wonder why we can’t expedite certain cases when a SCOTUS precedent has been established, or some form of expedited legal notice. We shouldn’t have to wait for a perfect case of a flock violation, then wait for someone to be brave enough to spend the money (or if pro bono just their time/reputation) to file a case and go through the system for the next x years